BILL ANALYSIS AB 491 Page 1 ASSEMBLY THIRD READING AB 491 (Scott) As Amended April 6, 1999 Majority vote PUBLIC SAFETY 5-2 APPROPRIATIONS 14-6 ----------------------------------------------------------------- |Ayes:|Honda, Cunneen, Cedillo, |Ayes:|Migden, Cedillo, Davis, | | |Keeley, Romero | |Hertzberg, Kuehl, Papan, | | | | |Romero, Shelley, | | | | |Steinberg, Thomson, | | | | |Wesson, Wiggins, Wright, | | | | |Aroner | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Battin, Oller |Nays:|Brewer, Ashburn, Battin, | | | | |Pescetti, Maldonado, | | | | |Runner | ----------------------------------------------------------------- SUMMARY : Makes possession of a concealed or loaded firearm an alternate misdemeanor/felony under certain circumstances. Specifically, this bill : 1)Makes it an alternate misdemeanor/felony where the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation. A misdemeanor is punishable by up to one year in county jail, a $1,000 fine, or both. A felony is punishable by 16 months, two or three years in prison, a $1,000 fine, or both. 2)Makes it an alternate misdemeanor/felony if both of the following conditions are met: a) both the firearm and unexpended ammunition are either in the immediate possession of the person or readily accessible; and, b) the person is not listed with the Department of Justice (DOJ) as the registered owner of the firearm, punishable as in #1 above. 3)Makes it an alternate misdemeanor/felony to carry a loaded firearm on one's person, or in a vehicle on any public street where the person is not listed with DOJ as the registered owner, punishable as in #1 above. 4)Requires the district attorney of each county to submit an annual report to the Attorney General detailing profiles by AB 491 Page 2 race, age, gender, and ethnicity of any person charged under this bill. 5)Requires the Attorney General to submit an annual report to the Legislature compiling all the reports described in #3 above. 6)Provides that this bill's Penal Code sections will remain in effect until January 1, 2005. EXISTING LAW : 1)Provides that a person is guilty of carrying a concealed firearm when the person: a) carries concealed within any vehicle under his or her control any concealable firearm; b)carries concealed on his or her person any concealable firearm; or, c) causes to be carried concealed in any vehicle in which he/she is an occupant a concealable gun. 2)Provides that where a person has previously been convicted of a felony, carrying a concealed firearm is a felony, punishable by 16 months, or two or three years in state prison. 3)Provides that where the firearm is stolen and the person knew or had reasonable cause to believe the firearm was stolen, carrying a concealed firearm is a felony, punishable by 16 months, or two or three years in state prison. 4)Provides that where the person is an active participant in a criminal street gang, a Penal Code Section 12025 violation is a felony, punishable by 16 months, or two or three years in state prison. 5)Provides that where the person not in lawful possession of the firearm is a felony, punishable by 16 months, or two or three years in state prison. 6)Defines "lawful possession of the firearm" as "the person who has possession or custody of the firearm either owns the firearm or has the permission of the owner or a person who otherwise has apparent authority to possess or have custody of the firearm." 7)Provides that carrying a concealed firearm under circumstances other than those specified in #1-5 above are misdemeanors, punishable by up to one year in county jail, a $1,000 fine, or AB 491 Page 3 both. FISCAL EFFECT : According to the Assembly Appropriations Committee analysis, this bill: 1)Based on the 61 persons admitted to state prison in 1997-98 for concealed gun violations, it is likfely that at least eight persons will receive state prison terms as a result of this bill, creating first-year costs of about $175,000. To the extent the new wobblers trigger second or third strike sentences, out-year costs could be considerably greater. 2)Has minor state-reimbursable local costs for the reporting requirement. 3)Has absorbable costs to DOJ for the reporting requirement. COMMENTS : According to the author, "Existing law (Penal Code Section 12020) provides that concealed carrying of pen knives, brass knuckles, dirks, daggers, zip guns and certain other devices can be prosecuted as a felony; however, the illegal carrying of a concealed handgun can only be prosecuted as a misdemeanor. "Former Attorney General Dan Lungren's Policy Council on Violence Prevention concluded that 'carrying a concealed, loaded firearm without a permit is a serious crime and should be treated as such.' Therefore, the council recommended that California enact legislation to increase the penalty to a 'misdemeanor or felony' at the discretion of the district attorney. "AB 491 would allow district attorneys and judges to charge or convict individuals who illegally conceal unregistered firearms with either a misdemeanor or felony." Please see the policy committee analysis for a more comprehensive discussion of this bill. Analysis Prepared by : Harry Dorfman / PUB. S. / (916) 319-3744 FN: 0001245